[Amended 6-2-1997]
The Township Council finds and determines as
follows:
A. The Township of Bloomfield frequently receives requests
from various business entities engaged in fiber-optic cable communications
industry seeking the Township's approval for the use of Township streets,
other municipally owned property and, in some instances, existing
easements which previously have been granted by the Township to public
utilities for the purpose of installing overhead and/or underground
cables, conduits, wires and similar equipment. In the instances involving
previously granted easements granted to the public utilities, such
easements typically were granted many years ago for nominal consideration.
B. Such requests appear to be a part of the beginning
stages of the information super-highway network forecast for our country.
C. Requests of the kind described involve substantial
review by the Engineering and Law Departments before approvals can
be granted, often involve the excavation of Township streets, the
provision of additional police services during installation with the
concomitant disruption of traffic and public inconvenience and also
involve additional time and expense for inspection and expense arising
out of potential liability.
D. The Township desires to be supportive of the emerging
innovative technology that fiber-optic cable offers to its users,
but not at the expense of burdening Township taxpayers.
E. The imposition of a reasonable fee for approvals,
permits or subeasements which are approved and granted will balance
the needs of the business and of the Township and its taxpayers and
promote the public safety and welfare.
F. No grant of approval authorized by this chapter shall
be deemed to authorize the holder of said approval to utilize its
telecommunications system within the Township of Bloomfield to provide
video programming services to customers.
G. Every grant of approval authorized by this chapter
shall require the holder of said approval to comply with the Underground
Facility Protection Act, P.L. 1994, c. 118 (N.J.S.A. 48:2-73 et seq.),
in the installation of its system and in providing notification of
the location of its system when installed.
[Amended 6-2-1997]
In order to implement the purpose of this chapter,
the application and the fee provided hereafter shall apply:
A. Every applicant for the installation of the fiber-optic
cable or for the use of a public utility easement shall submit to
the Township Engineer:
(1) A plat showing the proposed location of the fiber-optic
cable installation.
(2) A depiction indicating whether the proposed installation
is overhead or underground.
(3) Copies of all easements proposed to be used which
have previously been granted to utilities.
(4) All consents for the use of any such easements by
the applicable utilities.
B. Every application recommended for approval by the
Township Engineer, after approval by the Township Council, will require
as a condition thereof the following:
(1) Payment of an application fee payable to the Township
of Bloomfield in the amount of $1,000, which shall include the cost
for administration and any required permits.
(2) Payment of a review fee of $300 payable to the Township
of Bloomfield for review and recommendation of the proposed construction
plans.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(3) A certificate of insurance naming the Township as
an additional insured for general liability coverage in the amount
of at least $2,000,000.
(4) An indemnification agreement, properly executed by
the applicant, which shall hold the Township, its officers, agents
and employees harmless from any loss, claim or damage arising out
of the installation, maintenance or use of the fiber-optic cable installed
by the applicant, the form of said agreement to be approved by the
Township Attorney.
(5) In instances where an easement for underground installation
is approved, an agreement that the easement holder will permit the
Township to use the holder's easement without consideration for the
installation of fiber-optic cable for the Township operations, provided
that said installation will not interfere with any fiber-optic cable
the easement holders may have previously installed in the easement
area.
C. In any instances in which the holder of an existing easement requires that an applicant hereunder obtain municipal approval or consent by ordinance, the applicant shall pay to the Municipal Clerk, in addition to the fee established in §
222-2B(2) hereof, an ordinance fee of $150, which shall cover the cost of advertising the ordinance prior to adoption and the cost of advertising the notice of adoption of the ordinance subsequent to adoption. In the absence of any such requirement for an approval by ordinance, said approval shall be by resolution adopted by the governing body.
D. No grant of approval authorized by this chapter shall
be deemed to authorize the holder of said approval to utilize its
telecommunications system within the Township of Bloomfield to provide
video programming services to customers.
E. Every grant of approval authorized by this chapter
shall require the holder of said approval to comply with the Underground
Facility Protection Act, P.L. 1994, c. 118, (N.J.S.A. 48:2-73 et seq.)
in the installation of its system and in providing notification of
the location of its systems when installed.